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HomeMy WebLinkAbout106-Att. 5 - Full Contract.pdf Recording Requested by: City Attorney City of Saratoga, California When Recorded, Mail to: Office of the City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE] MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT This Agreement, ("Agreement"), is made and entered into this 7th day of December, 2011, by and between, Hong Zhou, Trustee of The Hong Zhou Living Trust ("Owner"), Owner of the real property described below, and the City of Saratoga, California, a municipal corporation, ("City"). City and Owner may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." A. Recitals. (1) California Government Code Section 50280, et seq. authorizes the City to enter into contracts with owners of qualified historical properties to provide for the use, maintenance, and restoration of historical properties so as to retain characteristics of historical significance. (2) Owner possesses fee title in and to (together with associated structures and improvements thereon) the real property described in Exhibit A to this Agreement and referenced herein as the Historic Property. The Historic Property is shown on the 2010 Santa Clara County Property Tax Rolls as Assessors' Parcel Number 517-11-003and as of the Effective Date is generally referenced by the following street address 20330 Saratoga- Los Gatos Road in the City of Saratoga. (3) The Historic Property was designated by the City as a historic landmark by Ordinance No. HP-17 and the City has determined that this Agreement is necessary to allow the restoration, rehabilitation, and maintenance of the Historic Property. (4) City and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to Section 439.2 of the California Revenue and Taxation Code. The Resolution of the City Council approving this Agreement is attached hereto as Exhibit B. Page 2 of 16 B. Agreement. City and Owner, in consideration of the mutual covenants and conditions set forth herein and the recitals set forth above, do hereby agree as follows: (1) Term of Agreement. (a) This Agreement shall be effective and commence on the date recorded in the Santa Clara County Recorder’s Office (“Effective Date”) and shall remain in effect for a term of ten (10) years thereafter. (b) Each year on the anniversary of the Effective Date ("Renewal Date"), the term of the Agreement shall be extended by one year unless notice of non-renewal is served as provided herein. (c) In accordance with Government Code section 50282 if either Owner or City desire in any year not to renew the Agreement, that Party shall serve on the other Party written notice of non-renewal. Notice of non-renewal by City shall be filed at least sixty days prior to the Renewal Date. Notice of non-renewal by Owner shall be filed at least ninety prior to the Renewal Date. Either party may protest a notice of non-renewal. A notice of non-renewal may be withdrawn at any time prior to the Renewal Date by serving the other Party with a notice of withdrawal of the notice of non-renewal. If a Party serves and does not withdraw a notice of non-renewal the Agreement shall remain in effect for ten years from the next Renewal Date as stated in this contract. (2) Condition of Historic Property. The characteristics that contribute to the historic significance of the Historic Property and the condition of the Historic Property as of the Effective Date are documented in Exhibit C to this Agreement (“Baseline Conditions”). (3) Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: (a) Owner shall immediately implement the list of goals and general improvement plans for maintenance, restoration and rehabilitation of the Historic Property as set forth in Exhibit D to this Agreement (“Restoration Plan”) in order to bring the Historic Property into conformance with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior’s Standards for Rehabilitation and the State of California's Historic Building Code (collectively, the “Applicable Rules”). Thereafter, Owner shall preserve and maintain the characteristics that contribute to the historic significance of the Historic Property. This shall include, but not be limited to, maintaining the Historic Property in good repair and conducting all use, maintenance, repair, restoration, and preservation in accordance with Page 3 of 16 the Applicable Rules and all other City, State, and Federal laws. (b) Nothing in this Agreement shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on the Historic Property that does not involve a change in design, material, or external appearance thereof. Nor does this Agreement prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Community Development Director determines that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced according to the standards described in subsection (a), above. (c) The California State Historic Building Code ("SHBC") provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as Historic Properties. The SHBC shall be used in the City’s building permit procedure for the Historic Property, except as otherwise provided in this agreement or the SHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rules, regulations, and standards to protect the health, safety, welfare, and property of the Owner or occupants of the Historic Property or the public. (d) Owner shall maintain the Historic Property in a manner that does not block the view of the Historic Property from sites accessible to the public with any new structure, fence, shrubbery, or other landscaping. (4) Provision of Information. (a) Within thirty days of any request, Owner shall furnish City with any and all information requested by City relevant to this contract to determine compliance with the terms and provisions of this Agreement. (b) Owner shall keep and preserve, for at least ten years beyond the term of this Agreement, all records as may be necessary to determine the eligibility of the property involved, and Owner’s compliance with the terms and provisions of this Agreement. These records shall include, but not be limited to photographs, blueprints, permits, historical and/or architectural review approvals. In the event the Historic Property is sold, the Owner of the property at the time of sale shall transfer all such records to the new Owner of the Historic Property. (c) Owner shall submit annually to the Community Development Director a report which shall specify all work completed during the preceding twelve months to comply with the requirements of this Agreement and report on such other items as may be specified by the Community Development Director. Page 4 of 16 (d) Owner shall allow for periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, (collectively the “Interested Agencies”) and/or the City. The Community Development Director shall determine when periodic examinations by the City may be necessary to determine the eligibility of the property involved, and to determine Owner’s compliance with the terms and provisions of this Agreement. Examinations by representatives of the Interested Agencies shall be made as deemed necessary by those agencies. (5) Cancellation. (a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50285, may cancel this Agreement if it determines one or more of the following: (i) Owner has breached any of the terms or conditions of this Agreement; (ii) Owner has allowed the Historic Property to deteriorate to the point that it no longer meets the standards of the Applicable Rules or no longer qualifies as a City of Saratoga historic landmark; (iii) Owner has allowed the property to deteriorate to the point that it no longer meets standards as provided for in Chapter 16 of the Saratoga City Code including, but are not limited to, the Uniform Housing Code, the Uniform Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings; (iv) Owner has not complied with other local, state, or federal laws and regulations. (b) In the event of cancellation, OWNER shall be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. (6) No Waiver of Breach. No waiver by City of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. City does not waive any claim of breach by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City. (7) Enforcement. In lieu of and/or in addition to any provisions to cancel the Page 5 of 16 Agreement, City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a default by Owner City shall give written notice of the violation to Owner by registered or certified mail addressed to the address provided for notice in this Agreement. The violation shall be corrected to the reasonable satisfaction of City within thirty days of the date the notice is mailed. Where the violation cannot reasonably be cured within sixty days, actions to cure the violation shall be commenced within sixty days and pursued diligently to completion within a reasonable period of time to be determined by the City. If the violation is not timely cured then the City may, without further notice, declare a default and bring any action necessary to specifically enforce the obligations of Owner under this Agreement, apply to any state or federal court for injunctive relief or apply for such other relief as may be appropriate. The City’s right to enforce this Agreement shall in no way limit or restrict its rights or legal remedies arising under other provisions of local, state, or federal law, including the historic preservation regulations under the City’s municipal code. (8) Binding Effect of Agreement. (a) Owner hereby voluntarily subjects the Historic Property to the covenants, reservations, and restrictions as set forth in this Agreement. The Parties hereby declare their specific intent and agreement that all of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner pursuant to this Agreement. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. Prior to sale of the Historic Property, Owner shall give notice to the City. (b) City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner has a legal interest in the Historic Property and this Agreement relates to and affects the use of the Historic Property. (c) City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit, which includes, but is not limited to the benefit to the public street named in the recitals to this Agreement, City, residents of City and of the State of California, and Owner. Page 6 of 16 (9) Notice. (a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. CITY: City of Saratoga Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 OWNER: The Hong Zhou Living Trust 20330 Saratoga-Los Gatos Rd. Saratoga, CA 95070 (10) No Partnership or Joint Enterprise Created. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which Owner shall become legally liable arising from Owner’s acts, errors, or omissions with respect to or in any way connected with the prosecution of the work performed by Owner pursuant to this Agreement. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the conduct referenced in this Agreement regardless of whether City prepared, supplied, or approved any plans, specifications, other documents, or any proposed conduct relating to the Historic Property. (12) Attorneys' Fees. In the event legal proceedings are brought by any Party or Parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any Party hereunder, each party in the proceedings shall pay its own attorney's fees. (13) Recordation and Notice. No later than twenty (20) days after the parties Page 7 of 16 execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara. Owner shall provide written notice of this agreement to the Office of Historic Preservation of the Department of Parks and Recreation no later than six (6) months of entering into this Agreement and shall provide the City with a copy of such notice at the time it is filed. (14) Fees. The Community Development Director may assess and Owner shall pay such Mills Act Historic Property Contract fees for the administration of this Agreement as may be authorized from time to time by the City Council. (15) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions, or portions of this Agreement, and shall not be affected thereby. City and Owner hereby declare that each would have approved and accepted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (16) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between City and Owner and its terms and conditions. No other understanding, agreements, or conversations, or otherwise, with any officer, agent, or employee of City prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City. All Exhibits to this Agreement are hereby incorporated and made a part of this Agreement. (17) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (18) Governing Statutes and Law. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. (19) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Page 8 of 16 IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the day and year first written above. CITY OF SARATOGA, CALIFORNIA, a California municipal corporation ____________________________ City Manager Address: 13777 Fruitvale Avenue Saratoga, CA 95070 Telephone: (408) 868-1222 Fax Number: (408) 868-8555 ATTEST: ____________________________ City Clerk Approved as to Form: _____________________________ City Attorney OWNER [Notarized Signature(s) Required] By: _____________________________ By: _____________________________ Name: Hong Zhou, Trustee of The Hong Zhou Living Trust Title: Owner Local Address: 20330 Saratoga-Los Gatos Road, Saratoga, CA 95070 Telephone: (650) 575-6980 Exhibit List Exhibit A – Legal Description of Historic Property Exhibit B – City Council Resolution Approving Agreement Exhibit C – Baseline Conditions of Historic Property Exhibit D – Restoration Plan LEGAL DESCRIPTION OF HISTORIC PROPERTY Exhibit A The Historic Property that is the subject of this Agreement is the real property described below including all structures and improvements thereon: All that certain real property situated in the City of Saratoga, County of Santa Clara, State of California, described as follows: APN: 517-11-003 BEGINNING at a point on the Southwesterly line of the Saratoga and Los Gatos Road, as the same now exists, distant thereon South 43 deg. 55’ East 140 feet from the point of intersection of the Southwesterly line of the Saratoga and Los Altos Gatos Road with the Southeasterly line of Aloha Avenue; said point of beginning being on said Southwesterly line of the Saratoga Los Gatos, distant thereon South 43 deg. 55’ East 140 feet from the intersection of said line with the Northwesterly line of that parcel of land described in the Deed Saratoga and Los Gatos Real Estate Associates, a corporation to J.P. Garlick, dated August 15, 1911 and recorded in Book 373 of Deeds, page 358, Records of Santa Clara County California; thence running South 43 deg. 55’ East and along the Southwesterly line of said Saratoga and Los Gatos Road, 110 feet to the most Easterly corner of that certain parcel of land described in the Deed from T.S. Montgomery et ux, to Edith Pierce Kennedy, dated December 19, 1912, and Recorded in Book 396 of Deeds, page 332, Records of said County of Santa Clara; thence along the Southeasterly line of said land so described in the Deed to said Edith Pierce Kennedy, South 45 deg. 31’ West 320.51 feet to the most Southerly corner of said land so described in the Deed to said Kennedy, on the Northeasterly line of Marden Avenue, thence North 43 deg. 55’ West and along the Northeasterly line of Harden Avenue, 110 feet to a point from which the point of intersection of said line of Harden Avenue with the Southeasterly line of Aloha Avenue, bears North 43 deg. 55’ West 140 distant; thence running North 45 deg. 31’ East and parallel with Southeasterly line of Aloha Avenue, 320.51 feet to the point of beginning, and being a portion of the Quito Rancho. Resolution of the City Council of the City of Saratoga approving the MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT Exhibit B RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING 20330 SARATOGA-LOS GATOS RD (APN 517-11-003) PARTICIPATION IN THE MILLS ACT PROPERTY TAX ABATEMENT PROGRAM WHEREAS, the City of Saratoga City Council recognizes the importance of preserving historic resources in the community and the need to enhance and maintain the unique character of the historic resources; and WHEREAS, the City of Saratoga City Council has chosen to participate and support the Mills Act Property Tax Abatement Program according to California Constitutional Art. XIII-8 and California Government Code, Article 12, Sections 50280-50290 and California Revenue and Tax Code 439-439.4; and WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act Property Tax Abatement Program is consistent with the City of Saratoga Heritage Preservation Code Chapter 13, and the General Plan Conservation Element CO.5.0 to “Protect historical and archeological values and significant geographic landmarks from destruction by development whenever possible” in that participating in the Mills Act will aid in the preservation of historic resources in the City; and WHEREAS, the property located at 20330 Saratoga-Los Gatos Road has been approved as a City designated Landmark and therefore the preservation of the property as a historic resource is of utmost importance. WHEREAS, the property located at 20330 Saratoga-Los Gatos Road is the subject of a Mills Act contract between the City and the property owners dated December 7, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it approves participation in the Mills Act Property Tax Abatement Program and subject of a Mills Act contract for the property located at 20330 Saratoga-Los Gatos Road. The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 7th day of December 2011 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor City of Saratoga ATTEST: Crystal Morrow, City Clerk City of Saratoga BASELINE CONDITIONS OF HISTORIC PROPERTY Exhibit C 1. NAME OF PROPOSED MONUMENT: The Deodars 2. ADDRESS: 20330 Saratoga-Los Gatos Road, Saratoga, CA 3. ASSESSOR’S PARCEL NUMBER: 517-11-003 4. COMPLETE LEGAL DESCRIPTION: BEGINNING at a point on the Southwesterly line of the Saratoga and Los Gatos Road, as the same now exists, distant thereon South 43 deg. 55’ East 140 feet from the point of intersection of the Southwesterly line of the Saratoga and Los Altos Gatos Road with the Southeasterly line of Aloha Avenue; said point of beginning being on said Southwesterly line of the Saratoga Los Gatos, distant thereon South 43 deg. 55’ East 140 feet from the intersection of said line with the Northwesterly line of that parcel of land described in the Deed Saratoga and Los Gatos Real Estate Associates, a corporation to J.P. Garlick, dated August 15, 1911 and recorded in Book 373 of Deeds, page 358, Records of Santa Clara County California; thence running South 43 deg. 55’ East and along the Southwesterly line of said Saratoga and Los Gatos Road, 110 feet to the most Easterly corner of that certain parcel of land described in the Deed from T.S. Montgomery et ux, to Edith Pierce Kennedy, dated December 19, 1912, and Recorded in Book 396 of Deeds, page 332, Records of said County of Santa Clara; thence along the Southeasterly line of said land so described in the Deed to said Edith Pierce Kennedy, South 45 deg. 31’ West 320.51 feet to the most Southerly corner of said land so described in the Deed to said Kennedy, on the Northeasterly line of Marden Avenue, thence North 43 deg. 55’ West and along the Northeasterly line of Harden Avenue, 110 feet to a point from which the point of intersection of said line of Harden Avenue with the Southeasterly line of Aloha Avenue, bears North 43 deg. 55’ West 140 distant; thence running North 45 deg. 31’ East and parallel with Southeasterly line of Aloha Avenue, 320.51 feet to the point of beginning, and being a portion of the Quito Rancho. 5. RANGE OF ADDRESSES: 20330 Saratoga-Los Gatos Road 6. PRESENT OWNERS: The Hong Zhou Living Trust 7. OWNERSHIP: Private 8. PRESENT AND ORIGINAL USE: Single Family Residential 9. ARCHITECTURAL STYLE: Mediterranean Villa 10. PRESENT PHYSICAL DESCRIPTION: See project file at City of Saratoga 11. CONSTRUCTION DATE: 1912 12. ARCHTECT, DESIGNER, OR ENGINEER: Unknown 13. CONTRACTOR/BUILDER: Unknown 14. PHOTOGRAPHS: See project file at City of Saratoga 15. CONDITION: See project file at City of Saratoga 16. ALTERATIONS: See project file at City of Saratoga 17. THREATS TO THE SITE: The site is located on Saratoga-Los Gatos Road. Private development or zoning changes are potential threats to the site. 18. STATEMENT OF SIGNIFICANCE: This house is not easily viewed from the public right-of-way. City records indicate that the house typifies a Mediterranean Villa from the early-twentieth century. Its form includes a pair of symmetrical, two-story hipped outer wings connected by a brad one-story wall topped by a classical balustrade. The outer towers have a raised belly band and ribbons of windows at the second floor. Within the central wall is an asymmetrically placed, recessed arched entry. The front door is said to be of Honduran mahogany. The stucco house is reportedly of redwood construction, including the second-story balustrade along the front. The entire garden was redesigned in the 1980’s, with the exception of the magnificent Deodar cedar trees for which the house is named. Original landscaping included vineyards in the front and at one time, one of Saratoga’s first tennis courts. The vineyards have been preplaced by a lawn and there is a new white ornate ironwork gate at the entrance. The house was restored in the 1980’s. The Deodars is listed on the Saratoga Heritage Resource Inventory. It qualified under Criteria (a) and (c). Criteria (a) states the property exemplifies and reflects special elements of the cultural, social, economic, aesthetic, and architectural history of Saratoga. Criteria (c) states the property embodies distinctive characteristics of the Mediterranean Villa style, type and period. 19. SOURCES: See project file at City of Saratoga 20. PREPARER: M. Fossati, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 Exhibit D RESTORATION PLAN Year 1: Balcony tile seal coating, leaking fix: $4,000 Landscape bush/small tree trimming, and stump removal: $3,000 Landscape irrigation system repair and privacy bush replacement: $8,000 Landscape mature tree spraying: $1,000 Roof cleaning and tile replenish before raining season: $500 Year 2: Driveway and parking asphalt repair: $12,000 Driveway and parking asphalt sealcoat: $3,000 Roof cleaning and tile replenish before raining season: $500 Year 3: West wing sewage line re-piping: $10,000 Landscape mature tree care (spray and fertilizer): $4,000 Roof cleaning and tile replenish before raining season: $500 Year 4: Sidewalk & walkways concrete repair: $3,000 Kitchen improvements: $10,000 Roof cleaning and tile replenish before raining season: $500 Year 5: Entrance, balcony tiles replacement: $7,000 Repaint deck railing: $500 Paint main house stucco: $10,000 Paint Masonic walls front, middle, and back: $3,000 Roof cleaning and tile replenish before raining season: $500 Year 6: Fence repair: $6,000 Paint iron gate: $2,000 Interior paint upgrade: $10,000 Paint garage exterior, refinish entry: $2,000 Landscape mature tree care (spray and fertilizer): $4,000 Roof cleaning and tile replenish before raining season: $500 Year 7: Replace automatic gate motor, sensor, and intercom: $3,000 Repair the asphalt road above sensor: $1,000 Exterior wood work, window frame, trim repair: $4,000 Weatherproofing improvements: $5,000 Roof cleaning and tile replenish before raining season: $500 Year 8: Resurface deck in the backyard: $15,000 Roof cleaning and tile replenish before raining season: $500 Year 9: Landscape/exterior lights, restoration, line repair: $6,000 Landscape mature tree care (spray and fertilizer): $4,000 Roof cleaning and tile replenish before raining season: $500 Year 10: Reroofing (main residence and garage): $20,000 Bathroom upgrade: $5,000